The UN military & civilian personnel, how does international law protect them in the exercise of their mandate? NATO as comparative example

Details

Supervisors

Dopagne, Frédéric

Faculty

Faculté de droit et de criminologie

Degree label

Master [120] en droit, à finalité spécialisée: Droit européen

Abstract

The first chapter provides an overview of the UN's role in maintaining international peace and security, with a focus on the actors involved. It explores major players within the UN and the States that contribute directly to putting at the disposition of the UN, personnel to the UN peacekeeping missions. The second chapter, focuses more on the concept of peacekeeping operations, outlining their basic principles and features. It specifically examines peacekeeping operations and defines them within the broader framework of UN peace operations. The third chapter will get deeper into the study of the distinct roles of UN civilian staff and military personnel, often referred to as "Blue Helmets." This chapter will highlight the purpose UN civilian staff and military personnel serve within peacekeeping missions; the risks UN peacekeepers face and the efforts to address them are also discussed. The fourth chapter and the main chapter focus on the legal mechanisms designed to protect UN personnel. It explores written, such as the Convention on the Privileges and Immunities of the United Nations (CPIUN) and the Convention on the Safety of United Nations and Associated Personnel, and non-written sources of law, such as customary international law. I’ll get deeper into the analysis of the status of forces agreements (SOFAs), codes of conduct, reporting and accountability measures, security measures, and the concept of self-defense. This chapter mostly focuses on analyzing all kinds of legal dispositions to understand how those legal mechanisms are designed to protect UN civilian and military personnel in the mission. The fifth and last chapter before the conclusion, introduces NATO as a point of comparison to the UN's approach to the protection of its personnel. It’ll discuss NATO's commitment to promoting democratic values and resolving disputes peacefully, examine its military forces, explore its action on the ground, and conduct a comparative analysis of the protection given to NATO’s personnel in operations. In addressing the research question, "The UN military & civilian personnel, how does international law protect them in the exercise of their mandate?" my study seeks to focus on the multifaceted and complex landscape of UN peacekeeping personnel and their protection mechanisms. By comparing these aspects with NATO's practices, the study aims to contribute to a deeper understanding of the challenges and successes in ensuring the safety and efficacy of UN peacekeeping operations.